PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 173 (B) 2003 THROUGH 2006 CROP YEARS.— (i) FIRST PARTIAL PAYMENT.—For each of the 2003 through 2006 crop years, the first partial payment under paragraph (3) to the producers on a farm may not exceed 35 percent of the projected counter-cyclical payment for the crop year, as determined by the Secretary. (ii) SECOND PARTIAL PAYMENT. —The second partial payment for a crop year may not exceed the difference between— (I) 70 percent of the projected counter-cyclical payment (including any revision thereof) for the crop year; and (II) the amount of the payment made under clause (i). (iii) FINAL PAYMENT.— The final payment for a crop year shall be equal to the difference between— (I) the actual counter-cyclical payment to be made to the producers for that crop year; and (II) the amount of the partial payments made to the producers under clauses (i) and (ii) for that crop year. (C) 2007 CROP YEAR.— (i) FIRST PARTIAL PAYMENT. —For the 2007 crop year, the first partial payment under paragraph (3) to the producers on a farm may not exceed 40 percent of the projected counter-cyclical payment for the crop year, as determined by the Secretary. (ii) FINAL PAYMENT.—The final payment for the 2007 crop year shall be equal to the difference between— (I) the actual counter-cyclical payment to be made to the producers for that crop year; and (II) the amount of the partial payment made to the producers under clause (i). (5) REPAYMENT.— The producers on a farm (or, in the case of the 2002 crop year, historic peanut producers) that receive a partial payment under this subsection for a crop year shall repay to the Secretary the amount, if any, by which the total of the partial pa3TTients exceed the actual counter-cyclical pay- ment to be made for that crop year. SEC. 1305. PRODUCER AGREEMENT REQUIRED AS CONDITION ON 7 USC 7955. PROVISION OF DIRECT PAYMENTS AND COUNTER- CYCLICAL PAYMENTS. (a) COMPLIANCE WITH CERTAIN REQUIREMENTS.— (1) REQUIREMENTS.— Before the producers on a farm may receive direct payments or counter-cyclical payments under this subtitle with respect to the farm, the producers shall agree, during the crop year for which the payments are made and in exchange for the payments— (A) to comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.); (B) to comply with applicable wetland protection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.);
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